People v. Holiday

— Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered January 8, 1978, convicting him of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. On February 5, 1977 complainant, who was renting a room in the defendant’s home, got into an argument with the defendant over unpaid rent and a scuffle ensued. Complainant then walked upstairs to his room, whereupon the defendant picked up…